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McDANIEL v. CITY ETC. OF SAN FRANCISCO

Docket No. 23813.

259 Cal.App.2d 356 (1968)

66 Cal. Rptr. 384

SAMUEL A. McDANIEL, Plaintiff and Appellant, v. CITY AND COUNTY OF SAN FRANCISCO et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

February 23, 1968.

Attorney(s) appearing for the Case

McMurray & Tepper and Lloyd E. McMurray for Plaintiff and Appellant.

Thomas M. O'Connor, City Attorney, and Donald J. Garibaldi, Deputy City Attorney, for Defendants and Respondents.

SALSMAN, J.

This is an appeal from a judgment denying appellant's petition for a writ of mandate, dissolving the alternative writ, and adjudging appellant indebted to the retirement fund of the City and County of San Francisco in the amount of $4,708.92.

The facts are not in dispute. Appellant is a cable car gripman on the San Francisco Municipal Railway, a civil service position. For a long time prior to the...

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